Amendment made: 6, page 8, line 12, at end insert—
“(ea) the court does not make an order for lifelong restriction,”.—(Chris Philp.)
This amendment provides that a court may not impose a new serious terrorism sentence on an offender if it makes an order for lifelong restriction in respect of the offender.

Amendment made: 7, page 11, line 38, after “is” insert
“making an order for lifelong restriction to which section 205ZB applies in respect of an offender or”. —(Chris Philp.)
This amendment enables a court making an order for lifelong restriction in a terrorism case to take into account a plea of guilty by the offender when specifying the punishment part and to reduce it so that it is no less than 80% of the term that would otherwise be required.

Amendment made: 8, page 13, line 11, at end insert “, or
(ii) makes an order for lifelong restriction in respect of the person.” —(Chris Philp.)
This amendment requires the court to specify as the punishment part of an order for lifelong restriction a period of at least 14 years.

Amendments made: 9, page 20, line 8, after “convicted” insert “on indictment”.
This amendment provides that the new terrorism sentence may be imposed only when an offender is convicted on indictment.
Amendment 10, page 20, line 11, at end insert—
“(ai) a sentence of imprisonment for life to which section 205ZB applies,
(bi) a sentence of imprisonment for life to which section 205ZB does not apply but which is imposed for a terrorism offence,
(ci) a sentence of detention for life to which section 205ZB applies,
(di) a sentence of detention for life to which section 205ZB does not apply but which is imposed for a terrorism offence,
(ei) an order for lifelong restriction to which section 205ZB applies,
(fi) an order for lifelong restriction to which section 205ZB does not apply but which is imposed for a terrorism offence,”.
This amendment and Amendments 11 and 12 set out by reference to a list of sentences (arranged in order of seriousness) the circumstances in which a court may impose the new terrorism sentence introduced by clause 23.
Amendment 11, page 20, leave out lines 16 to 19.
This amendment is consequential on Amendment 10.
Amendment 12, page 20, leave out line 21.
This amendment is consequential on Amendment 10.
Amendment 13, page 20, line 45, leave out
“under section 208, the court must impose a sentence”
and insert
“, the court must impose a sentence of detention in such place and on such conditions as may be directed under section 208”.
This amendment clarifies that, in the case of a child convicted on indictment, the place of detention will be determined under section 208 of the Criminal Procedure (Scotland) Act 1995, as will any conditions.
Amendment 14, page 21, leave out lines 5 to 13.
This amendment is consequential on Amendment 9.
Amendment 15, page 21, line 15, leave out
“or, as the case may be, the order”.
This amendment is consequential on Amendment 9.
Amendment 16, page 21, leave out lines 21 and 22. —(Chris Philp.)
This amendment is consequential on Amendment 9.

Amendment made: 17, page 38, line 2, at end insert—
“(2) In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (c) insert—
‘(ca) a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);’.” —(Chris Philp.)
This provides that instructions from polygraph operators to subjects of TPIM notices, like decisions of the Secretary of State under the Terrorism Prevention and Investigation Measures Act 2011, are “TPIM decisions” and so cannot be questioned in legal proceedings other than in the high court (or, in Scotland, the Outer House of the Court of Session).

Amendments made: 18, page 38, line 40, at end insert—
“(3A) Regulations under sub-paragraph (2) may make—
(a) different provision for different purposes or different areas;
(b) incidental, supplemental, consequential, saving or transitional provision.”
This ensures that regulations prescribing authorised persons and testing places for the purposes of the new drug testing measure in TPIM notices can make different provision for different purposes or areas (and ancillary provision).
Amendment 19, page 38, line 43, at end insert—
“(2) In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (ca) (inserted by section 41) insert—
‘(cb) a decision by an authorised person to give a direction by virtue of paragraph 10ZB(1)(b) of Schedule 1 (drug testing measure);’.” —(Chris Philp.)
This provides that directions given by persons authorised to take samples for drug-testing purposes from subjects of TPIM notices, like decisions of the Secretary of State under the Terrorism Prevention and Investigation Measures Act 2011, are “TPIM decisions” and so cannot be questioned in legal proceedings other than in the high court (or, in Scotland, the Outer House of the Court of Session).

Amendments made: 20, page 42, line 31, leave out sub-paragraph (iv) and insert—
“(iv) paragraphs 45 and 46;”.
This amendment corrects a drafting error and provides for the amendments made by paragraph 46 of Schedule 13 to come into force at the same time as clause 23 of the Bill (to which it relates).
Amendment 21, page 42, line 32, at end insert—
“(va) paragraph 48 other than sub-paragraph (5);”.
This amendment corrects a drafting error and provides for those amendments made by paragraph 48 of Schedule 13 that relate to clause 23 of the Bill to come into force at the same time as that clause.
Amendment 22, page 43, line 17, leave out “46, 47(4)(a) and 48” and insert “47(4)(a) and 48(5)”. —(Chris Philp.)
This amendment is consequential on Amendments 20 and 21.

Amendments made: 23, page 115, line 24, at end insert—
“Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
33A In Article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for particular sentences), in each of the following places, after ‘209’ insert ‘or 224B’—
(a) paragraph (1)(e);
(b) in paragraph (2), in Table B, in the first column, the fourth and fifth entries;
(c) paragraph (9)(c).”
This amendment provides for the service sentence introduced by paragraph 9 of Schedule 8 to have the same rehabilitation period in Northern Ireland as other forms of youth detention.
Amendment 24, page 123, line 45, at end insert—
“(4A) In section 2B(1) (punishment part for life prisoners: assessment under section 2A(1)(a) and (b)), at the beginning insert ‘Subject to section 205ZB(2) of the 1995 Act,’.”
This amendment provides that the court’s assessment under sections 2A and 2B of the Prisoners and Criminal Proceedings (Scotland) Act 1993 of the appropriate length of the punishment part of a sentence for a life prisoner is subject to the overriding requirement in new section 205ZB(2) (see clause 12) that it should be at least 14 years.
Amendment 25, page 123, line 49, at end insert—
“(5A) In section 6(1) (application of Act to young offenders and to children detained without limit of time), for paragraph (a) substitute—
‘(a) to—
(i) persons on whom detention in a young offenders institution has been imposed under section 205ZA(6) of the 1995 Act,
(ii) persons on whom detention in a young offenders institution has been imposed under section 205ZC(4) of that Act, and
(iii) persons on whom detention in a young offenders institution (other than detention without limit of time or for life) has been imposed under section 207(2) of that Act,
as the Part applies to persons serving equivalent sentences of imprisonment;’.”
This amendment makes consequential amendments of section 6 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to ensure that Part 1 of that Act applies in relation to persons sentenced to detention in a young offenders institution under the new terrorism sentences introduced by clauses 6 and 23.
Amendment 26, page 123, line 49, at end insert—
“(5B) In section 7 (children detained in solemn proceedings)—
(a) in subsection (5)(a)—
(i) for ‘and 20(2)’ substitute ‘, 20(2) and 26ZA’;
(ii) for ‘detained under section 208 of the 1995’ substitute ‘on whom detention has been imposed under section 205ZC(5) of the 1995 Act and children detained under section 208 of that’;
(iii) at the end (but before the final ‘and’) insert ‘(but subject to the modifications of section 26ZA in subsection (5A))’;
(b) after subsection (5) insert—
‘(5A) The modifications are that section 26ZA is to be read as if—
(a) subsection (9) were omitted, and
(b) subsection (10)(a) related to section 1A(1)(c) only.’;
(c) in subsection (8)—
(i) for ‘subsection (5)’ substitute ‘subsections (3) to (5) and (7)’;
(ii) after ‘applies’ insert ‘(but subject to the modifications of subsection (3) in subsection (9))’;
(d) after subsection (8) insert—
‘(9) The modifications are that subsection (3) applies in relation to a person to whom section 1AB applies as if—
(a) for the words “under subsection (1) or (2) above” there were substituted the words “under section 1AB”,
(b) for the words “entire period specified in the sentences elapses” there were substituted “sentence under section 205ZC(5) as originally imposed by the court would expire”, and
(c) for the words “period so elapses” there were substituted “sentence so expires”.’”
This amendment makes consequential amendments of section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in relation to children on whom the new terrorism sentence introduced by clause 23 is imposed.
Amendment 27, page 124, leave out lines 13 and 14.
This amendment is consequential on Amendment 9.
Amendment 28, page 124, line 41, at end insert—
“Sexual Offences Act 2003 (c. 42)
51A In section 131 of the Sexual Offences Act 2003 (application of notification requirements and orders to young offenders), in paragraph (h), before ‘208’ insert ‘205ZC(5) or’.”
This amendment provides that the new sentence introduced by clause 23 can attract sexual offender notification requirements when imposed on a child.
Amendment 29, page 125, line 7, at end insert—
“Counter-Terrorism Act 2008 (c. 28)
52A In section 45(2) of the Counter-Terrorism Act 2008 (Scottish sentences attracting notification requirements), in paragraph (a), at the end of subparagraph (iv) (but before the final ‘or’) insert—
‘(iva) detention under section 205ZC(5) of that Act,’.” —(Chris Philp.)
This amendment provides that the new sentence introduced by clause 23 can attract terrorist offender notification requirements when imposed on a child.
Third Reading.